Law:

Section:

SAJJAD ALI SHAH, J.--Appellant Munawar Ali was put on trial alongwith Ashiq, Hidayat and Arif for offence under section 302/34, P.P.C. in the Court of learned Additional Sessions Judge, Kasur for committing murder of Manzoor -Hussain in furtherance of their common intention. Trial Court convicted all the four of them and sentenced each for life imprisonment and fine of Rs.3,000 or in default R.I. for one year. Lahore High ('(;urt vide judgment dated 28-11-1990 dismissed appeal of Munawar and Arif giving them benefit of section 382-B, Cr.P.C. and acquitted Hidayat and Ashiq on the ground that the case against them was doubtful. Both convicts filed petition in this Court for leave to appeal which was refused in the case of Arif and granted in the case of Munawar on the grounds that he had no motive and there was no corroboration of ocular testimony against him.

2.         Prosecution case briefly stated is that incident took place on 7-10-1985 at 12-15 p.m. in front of shop of Muhammad Sadique vegitable seller in the bazar of Kot Mirbaz Khan in Kasur..Deceased Manzoor Hussain alias Baggar was sitting on the bench outside the shop of Muhammad Sadique, when appellant and his three co-accused named above appeared all armed with carbines. They raised Lalkara that Manzoor Hussain was to be killed as revenge of murder of Muhammad Sadiq, Manzoor got up but Arif fired at his chest. Manzoor tried to run but fell down and Hidayat fired shot, which hit him below right ear. Munawar fired shot, which -hit him on left shoulder and then Ashiq fired shot, which"hit him on abdomen. Lastly Munawar fired second shot which hit Manzoor on chest. Incident was witnessed by complainant Muhammad Hussain, Khushi Muhammad, Mairaj Khalid and Asghar. Manzoor died at the spot. Complainant proceeded to police station. for report leaving behind other witnesses to guard the dead body. S.I. Muhammad Aslam of P.P. No.8, Kagur met complainant on the way and recorded his statement. Motive as stated is that Sadiq brother of Ashiq, Hidayat and Arif (co-accused in the trial Court) was murdered in which case Manzoor and six others were challaned but they were bailed out. On that account revenge of murder of Sadiq was taken.

3.         S.I. Muhammad Aslam after recording statement of complainant sent it to the police station for registration of formal F.I.R. He visited place of occurrence and examined dead body and then sent it to the hospital for post mortem examination. He recovered blood-stained earth and crime bullet from the spot and got site plan prepared. He recorded statements of witnesses and took other steps in the investigation. He handed over investigation to S.H.O. Abdul Shakoor-of P.S. City Kasur. During investigation appellant and other co -accused were taken in custody and they with the exception of Ashiq produced their carbines and two live cartridges each. After completion of investigation challan was presented in the Court.